Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-06-03

An ONO poutlc1an, who was talking with STAR
reporter on the matter, gave it his opinion that,
II the thing should turn out this way and Foran be
eiecteu governor OF Oh1o this year, ne would go
on the tail OF the ticket with Cleveland In SS.
HE WILL NOT SURRENDER OFFICE.
Justice Oliver Claims that His Re-
mOval was Illegal.
he REFUSES TO DELIVER HIS DOCKET TO HIS Sue
CESSOK-THE STORY AS TOLD IN THE OFFICIAL
CORREsPoNDENCE-THE PRESIDENTS RIGHT TO
REMOVE JUSTICE OF THE PEACE QUESTIONED.
About the 21st OF April last the announcement
was made that President Cleveland had removed
Mr.. John n. Oliver from the position OF justice OF
the peace, to which place he was appointed ON
June % last, and confirmed by the Senate. The
announcement surprised many, who were Of the
opinion that justice OF the peace, once appointed
and commissioned, could only be removed for
cause, and then by the Supreme Court OF the Dis
tr1ct OF Columbia, after due notice had been
served. Mr.. Oliver took this view of the case.
The Presidents letter to Mr.. Oliver was worded
as foiioWS: you are hereby removed from the
ollce VI justice OF the peace In and for the Dis
trlct OF Columbia by virtue OF authority conferred
upon the President by section 1, chapter 162, VOL
ulie ~, United States StatuteS-at-Large."
Mr. OLIVER DENIES THE PRESIDENTS AUTHORITY.
MIR. Oliver. April 90, addressed a letter to the
President, in which, after quoting the Presidents
letter, he said "By reference to the statute re-
teTred TO, IL Will be seen that after providing for
the appointment OF tifteen justices OF the peace
In ana Tor the District OF Columbia aud their ap-
pOrtlonInent throughout the District, 1t says:
Ihelr term or Office shall be IOur years, subject
removal for cause AMI further: Upon the death
or removal OF any justice OF the peace appointed
under this act his docket, books and papers of
Office shall be delivered his Immediate Successor
prerogative Of the Executive, you will
permit me to call your attention to
OF the United States relating the District OF Co.
lumbia. section 1O30. Upon Indictment and con-
viction OF any Justice OF the peace OF incompe-
tency. habitual drunkenness, corruption In office
or any other wilful misconduct in the discharge of
his duties, his commission shall be void and he
shall cease TO exercise The Office and powers OF JUS
tlce OF the peace. Section 1Q3l. The Supreme
Court has power at general term TO remove JUS
Ilces OF the peace after due notice, and an oppor-
tuntty TO be neard in their defense, and for cause
TO be assigned In the ORDER or removal
think you Will conclude upon reading the above
that the act OF 1878, under which was appointed
and hold my Office, does not repeal, even by impH-
callOn. the acts or 1913 and 1861 sections 1880
and l0.'1N. which secures me u hearing at general
ter.a, Oe.oTe nIy cou.inisSion can be cdnceled
nave the honor, therefore, to request that you re-
woke the order or removal OF April 20, and refer
the case 10 the court, where can have hearing,
as provided by law"
REFERRED TO THE ATTORNEY GENERAL
To this reply was received from Col Lamont,
dated April 25, saying: "The President directs me
To acknowledge the receipt OF your letter OF the
23d Instant regarding your removal from the Office
OF justice OF the peace for the District OF Columbia
and to inform you OF Its reference TO the Attorney
General"
Mr.. Oliver then addressed letter to the Attorney
General, dated April 20, saying: 81 desire to call
your attention especially to Sentence in the act
OF 1873, sec. l, chapter 162, volume TO- U. s. Stat
uteS-at-Large, Which was omitted from my letter
of the 23d. They Uhe justices OF the peace APP
The jurisdiction exercise the powers and functions
and perform the duties as now provided by said
officers respectively At the Time OF the passage
or this act The jurisdiction OF Justices the peace
had Deen prescribed by law, as had also the modes
by which Jney were to be removed from ot1ice-all
taken together forming their powers and func-
t1OnS one OF which functions was that they should
be Tried as prescribed and have their day in
court before tney coud be deprived OF their pow
erS ana 1unctlonS. therefore respectfully insist
that the Supreme Court In General Term alone has
jurisdiction, and To ask that the order OF removal
Oi the 2Otn instant be revoked ana the matter be
referred To the court. l may add that this Is the
only Instance, 50 Iar as l ascertain, wnere a
proceeding such as the Presidents OF the 10th in
slant has been resorted to to remove in this Dis
trict even minor Judicial officer whose removal
was provided for by law"
THE ATTORNEY GENERALS ULTIMATUM
A lew days thereafter Mr.. Oliver received q re-
ply from the Attorney General in which
that officer said: 81 say that the act OF June,
1873, Supplemental Revised Statutes, page 1856,
changed the method OF appointing justices OF the
peace for the District OF Columbia and puts the
appointment in the President and Senate to be re-
mOVeu cause, meant as In all other similar
cases, TO be removed By the power appointing.
This is universal ;see 9Th Wallace top OF page sos
THE receiver is the instrument OF the Controller
Is appointed by the Controller, and the power of
appointment carries with 1t the power of removal.
The receiver Is not appointed for term, nor is
he confirmed by the Senate. The President hav-
ing exercised the power conferred upon him by
the act mentioned, the matter is finally disposed
OF and he instrucuS me to so inform you"
Mr.. OLIVER DECLINES TO SURRENDER BIS BOOKS
Gen. Jno. Evans, formerly of Brooklyn n Y,
hoxy hon,
then called on MIR. Oliver, and made demand upon.
Mr.. Oliver to deliver to him his docket. Mr. Oliver
declined, taking the ground that he was still in
full commission. not having been removed in ac-
cordance with the terms OF the law and he sug-
gesred that Mr. Evans put his demand in writing
his MI. Evans did In a letter dated May "a, say
ing: "At your request Will endeavor to reduce to
writing my demand as your immediate successor
to the office OF justice OF the peace in the
county OF Washington in the District OF Colum-
oia,' upon you, as my Immediate predecessor in
ever The law requires person leaving the Office of
Justice OF the peace in and for this District, to
turn over to his immediate successor. Having
shown you my COMMISSION from the President OF
the United States, also certified copy OF the
order OF the President removing you of date April
20 1887; also having informed you that am in
structed by the Department OF Justice that l am
appointed TO I'LL vacancy made by your removal
as e, above referred to, and deeming myself duly
authorized thereby, hereby demand in writing,
as have already done orally, such docket and
papers, and whatever other records, writings and
iloCSSAo 1uO Jaw du Out-SOluS JUSTICE VI
the peace to turn over to his immediate successor
Your reply TO this request. also In writing Din
my request be not complied witty, viii o6lige &C.,
Mr.: Oliver, after quoting the demand made by
Mr.. Evans under date OF May %, replies as fol-
lows: "! have to say that in view of the law as
read IL In the statute books, and the commission
under which hold the Office Of justice OF the
peace 1or the District OF Columbia, all OF which
have Deen set forth In communications to the At
tOrney Ge .eral, do not consider that the lawful
means have been resorted to to deprive me Of my
Office, or that have been removed. must, there
fore, decline to accede to your demand. claim
that am Justice OF the peace in and for the
District OF Columbia. and will continue to exercise
the powers and functions Of that of1ce until am
deprived OF them by due process Of law"
MI. Onver continues to sign his name as a JUS
tce OF tne peace and 1t is very probable that the
raised
A SUIT FOR SPECIFIC PERFoRAANCK-Messrs
Btrney Birney, for James A. Hoffman, have
nled bill against Charles Wheatley Tor specific
performance. He sets forth that January 1880 he
and George A. Birch agreed with defendant, and
his then co-owners OF lots /, and B. square north
nm Tcl onAo hofyv Qon